- 8 - SEC. 7430. AWARDING OF COSTS AND CERTAIN FEES. (a) In General.--In any administrative or court proceeding which is brought by or against the United States in connection with the determination, collection, or refund of any tax, interest, or penalty under this title, the prevailing party may be awarded a judgment or a settlement for-- (1) reasonable administrative costs incurred in connection with such administrative proceeding within the Internal Revenue Service, and (2) reasonable litigation costs incurred in connection with such court proceeding. * * * * * * * (c) Definitions.--For purposes of this section-- * * * * * * * (2) Reasonable administrative costs.-- * * * * * * * Such term [reasonable administrative costs] shall only include costs incurred on or after the earlier of (i) the date of the receipt by the taxpayer of the notice of the decision of the Internal Revenue Service Office of Appeals or (ii) the date of the notice of deficiency. Respondent contends that the quoted flush language from section 7430(c)(2) bars an award of administrative costs here because neither of the two specified events has occurred. Petitioner agrees that neither event has occurred. However, petitioner argues that it is unfair to apply that language literally because respondent failed to issue a notice of deficiency. Petitioner argues that it is unfair to allow respondent to benefit from respondent's erroneous failure to issue a notice of deficiency, and that we should treat thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011